Permits

NYC Admin. Code tit. 28, ch. 1, art. 105

in effect

NYC Admin. Code § 28-105.1 General.

§ 28-105.1 General. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove or change the use or occupancy of any building or structure in the city, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the commissioner in accordance with the requirements of this code, subject to such exceptions and exemptions as may be provided in section 28-105.4. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.

NYC Admin. Code § 28-105.1.1 Notification to fire department.

§ 28-105.1.1 Notification to fire department. The commissioner, in consultation with the fire commissioner, shall establish a procedure for notifying the fire department of the issuance of any permit that will result in the issuance of a new or amended certificate of occupancy or other change in the use or occupancy of the premises. In no instance shall the required notice be given to the fire department more than one business day after the date of the issuance of the permit. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

NYC Admin. Code § 28-105.1.2 Projects for which a stormwater construction permit is required.

§ 28-105.1.2 Projects for which a stormwater construction permit is required. It shall be a violation of this code to engage in any development activity with respect to a covered development project without a stormwater construction permit issued by the department of environmental protection. The issuance of a permit pursuant to this code shall not be construed to be permission for any activity that requires a stormwater construction permit issued by the department of environmental protection pursuant to chapter 5-A of title 24 of the administrative code. The issuance of a stormwater construction permit by the department of environmental protection shall not be construed as permission for work that requires a permit from the department of buildings pursuant to this code. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.1.3 Denial of permits for excessive violations.

§ 28-105.1.3 Denial of permits for excessive violations. The commissioner shall, no less than once every six months, compile a list of multiple dwellings that includes: (i) all multiple dwellings containing fewer than 35 units that have a ratio of open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate three or more such violations for every dwelling unit in such multiple dwelling; and (ii) all multiple dwellings containing 35 units or more that have a ratio of open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate two or more such violations for every dwelling unit in such multiple dwelling. The commissioner shall not issue permits for multiple dwellings on such list. If the owner of a multiple dwelling on such list corrects open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations in such multiple dwelling so that the ratio of such violations to the number of dwelling units in such multiple dwelling falls below those outlined in this section, the commissioner shall remove such multiple dwelling from such list. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease. Exceptions: 1. Where the issuance of such permit is necessary to correct an outstanding violation of this code, the New York city housing maintenance code or any other applicable provisions of law or rule. 2. Where the issuance of such permit is necessary to perform work to protect public health and safety. 3. For a portion of a property occupied by a tenant who is not an owner of such property or responsible for any existing violations in such property. 4. Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code. 5. Where a property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development. 6. Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit. 7. For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation. (L.L. 2019/104, 6/8/2019, eff. 1/4/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.1.4 Denial of permits for false statements on applications for construction document approval.

§ 28-105.1.4 Denial of permits for false statements on applications for construction document approval. The commissioner shall not issue a permit for an occupied building for at least one year following the date of a determination by the commissioner that a false statement about the occupancy status of such building has been made in an application for construction document approval. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease. Exceptions: 1. Where the issuance of such permit is necessary to correct an outstanding violation of this code, the New York city housing maintenance code or any other applicable provisions of law or rule. 2. Where the issuance of such permit is necessary to perform work to protect public health and safety. 3. For a portion of a property occupied by a tenant who is not an owner of such property or responsible for any existing violations in such property. 4. Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code. 5. Where a property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development. 6. Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit. 7. For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation. (L.L. 2019/114, 6/8/2019, eff. 12/5/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.1.5 Denial of permits for work without permit on occupied building.

§ 28-105.1.5 Denial of permits for work without permit on occupied building. The commissioner shall not issue a permit for a building for at least one year following the date of a determination by the commissioner that work has been performed without a permit in such building and such building was occupied at the time such work was being performed. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease. Exceptions: 1. Where the issuance of such permit is necessary to correct an outstanding violation of this code, the New York city housing maintenance code or any other applicable provisions of law or rule. 2. Where the issuance of such permit is necessary to perform work to protect public health and safety. 3. For a portion of a property occupied by a tenant who is not an owner of such property or responsible for any existing violations in such property. 4. Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code. 5. Where a property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development. 6. Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit. 7. For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation. (L.L. 2019/114, 6/8/2019, eff. 12/5/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.1.6 Denial of permits for certain arrears.

§ 28-105.1.6 Denial of permits for certain arrears. The commissioner shall not issue a permit for a new building, demolition, place of assembly or major alteration that will change the use, egress or occupancy for a property if $25,000 or more in covered arrears is owed to the city with respect to such property or if the owners of such property owe, in aggregate, $25,000 or more in covered arrears to the city, provided that, where a dwelling unit within a property is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease, covered arrears owed to the city for such unit shall not be considered covered arrears owed to the city for such property. For the purposes of this section, the term "covered arrears" may include any of the following, but shall not include any such items that are currently in the appeals process: 1. Unpaid fines, civil penalties or judgments entered by a court of competent jurisdiction or the environmental control board pursuant to chapter 2 of this title; and 2. Unpaid and past due fees or other charges lawfully assessed by the commissioner. Exceptions: 1. The commissioner may issue a permit for a property if the applicant submits a certification from the department of finance that binding agreements are in force requiring payment of all covered arrears owed by the owners of such property, and such owners are in compliance with such agreement. 2. The commissioner may issue a permit for a property where the issuance of such permit is necessary to correct an outstanding violation of this code, the New York city housing maintenance code or any other applicable provisions of law or rule or where the commissioner determines that issuance of such permit is necessary to perform work to protect public health and safety. 3. The commissioner may issue a permit for a portion of a property occupied by a tenant who is not an owner of such property or responsible for any covered arrears owed with respect to such property. 4. The commissioner may issue a permit, for a dwelling unit within a property that is owned by a condominium or held by a shareholder of a cooperative corporation under a proprietary lease, if the owners of record for such unit do not owe, in aggregate, $25,000 or more in covered arrears to the city. 5. The commissioner may issue a permit where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code. 6. The commissioner may issue a permit where a property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development. 7. The commissioner may issue a permit where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit. 8. The commissioner may issue a permit for a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required for participation in a program that involves rehabilitation of such property. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.2 Classification of work permits.

§ 28-105.2 Classification of work permits. For the purposes of this code, work permits shall be classified as follows: 1. New building permits: for the construction of new buildings, including as provided for in section 28-101.4.5. 2. Alteration permits: for the alteration of buildings or structures, including new and existing sign structures and partial demolition in conjunction with such building or structure. 3. Foundation and earthwork permits: for the construction or alteration of foundations, including earthwork, excavation, fill, and foundation insulation. 4. Earthwork permits: for work solely involving earthwork, excavation, or fill operations. 5. Full demolition permits: for the full demolition and removal of buildings or structures. 6. Plumbing permits: for the installation or alteration of plumbing and plumbing systems, including gas piping. Such permits shall include permits for limited plumbing alterations. 7. Sign permits: for the erection, installation, display or alteration of signs. 8. Service equipment permits: for the installation or alteration of service equipment, including but not limited to air conditioning and ventilating systems, boilers, elevators, escalators, moving walkways, dumbwaiters, mobile boilers and mobile oil tanks. Such permits shall include permits for limited oil-burning appliance alterations. 9. Temporary construction installation permits: for the erection, installation and use of temporary construction installations to facilitate construction and/or safety during construction, including but not limited to temporary fences, railings, catch platforms, over-the-sidewalk chutes, footbridges, sidewalk sheds, and scaffolds. 10. Fire protection and suppression system permits: for the installation and alteration of fire protection and suppression systems, including sprinkler systems and standpipe systems. Such permits shall include permits for limited sprinkler alterations and limited standpipe alterations. 11. Crane and derrick permits: for the use of power-operated cranes and derricks during construction. 12. Temporary structure permits and temporary use authorizations: for temporary structures and uses, see article 111. 13. Electrical permits: for electrical work other than low voltage electrical work. Such permits shall include permits for minor electrical work. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/001, L.L. 2018/195, L.L. 2021/126, L.L. 2023/077, and L.L. 2024/128.

NYC Admin. Code § 28-105.2.1 Submittal documents required for foundations and earthwork.

§ 28-105.2.1 Submittal documents required for foundations and earthwork. Prior to the issuance of any permit for work that includes foundations and/or earthwork, submittal documents clearly illustrating support of excavation design, including but not limited to stepping, sheeting, sloping, shoring, and bracing, and any protective railings or equipment required by chapter 33 of the New York city building code shall be required.

NYC Admin. Code § 28-105.2.2 Submittal documents required for partial and full demolition.

§ 28-105.2.2 Submittal documents required for partial and full demolition. Prior to the issuance of any permit for work that includes full or partial demolition, submittal documents shall be required in accordance with chapter 33 of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.2.3 Rodent abatement during certain construction work.

§ 28-105.2.3 Rodent abatement during certain construction work. For work that is subject to rodent extermination pursuant to section 3306.9.13 of the New York city building code, prior to the issuance of a permit authorizing work, the applicant shall certify that a licensed exterminator has been retained to effectively treat the premises for rodent extermination as per the requirements of the department of health and mental hygiene. (L.L. 2022/109, 11/18/2022, eff. 5/17/2023)

NYC Admin. Code § 28-105.3 Separate permits required.

§ 28-105.3 Separate permits required. Separate work permits shall be required, as provided above, except that separate permits for foundations and earthwork, or for the installation or alteration of air conditioning systems, ventilation systems, and heating systems shall not be required whenever such work is included in and forms a part of the construction documents filed for the construction of a new building or the alteration of a building or structure.

NYC Admin. Code § 28-105.4 Work exempt from permit.

§ 28-105.4 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following: 1. Emergency work, as set forth in section 28-105.4.1. 2. Minor alterations and ordinary repairs, as described in section 28-105.4.2. 3. Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3. 4. Ordinary plumbing work, as set forth in section 28-105.4.4. 5. Permits for the installation of certain signs, as set forth in section 28-105.4.5. 6. Geotechnical investigations, as set forth in section 28-105.4.6. 7. The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code. 8. The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department. 9. Low voltage electrical work. 10. Electrical work relating to the construction and maintenance of city streetlights and city traffic lights owned, operated, or controlled by the city or any agency thereof. 11. Other categories of work as described in department rules, consistent with public safety. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195 and L.L. 2024/128.

NYC Admin. Code § 28-105.4.1 Emergency work.

§ 28-105.4.1 Emergency work. Work that would otherwise require a permit may be performed without a permit to the extent necessary to relieve an emergency condition. An application for a permit shall be submitted within 2 business days after the commencement of the emergency work and shall include written description of the emergency condition and the measures undertaken to mitigate the hazard. Emergency work may include but shall not be limited to: 1. Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition. 2. Stabilization of unsafe structural conditions. 3. Repair of gas leaks. 4. Repair or replacement of heating appliances or equipment servicing education or residential occupancies from October 1 through May 31. 5. Replacement of parts required for the operation of a standpipe or sprinkler system. 6. Repair of a plumbing system necessary to protect the public from an unsafe condition or to restore water service to a building or dwelling unit. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023; Am. L.L. 2025/142, 10/25/2025, eff. 2/22/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-105.4.2 Minor alterations and ordinary repairs.

§ 28-105.4.2 Minor alterations and ordinary repairs. A permit shall not be required for minor alterations and ordinary repairs.

NYC Admin. Code § 28-105.4.2.1 Definitions.

§ 28-105.4.2.1 Definitions. The following words and terms shall, for the purposes of section 28-105.4.2 and as used elsewhere in this code, have the meanings shown herein. MINOR ALTERATIONS. Minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Minor alterations shall not include any of the work described as "work not constituting minor alterations or ordinary repairs." ORDINARY REPAIRS. Replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall include the repair or replacement of any plumbing fixture, piping or faucets from any exposed stop valve to the inlet side of a trap. Ordinary repairs shall not include any of the work described as "work not constituting minor alterations or ordinary repairs." WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. Minor alterations or ordinary repairs shall not include: 1. The removal or cutting away of any load bearing or required fire rated wall, fire door, floor, or roof construction, or any portion thereof; 2. The removal, cutting, or modification of any beams or structural supports; 3. The removal, change, or closing of any required exit; 4. The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system; 5. Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system; 6. Any plumbing work other than the repair or replacement of plumbing fixtures, piping or faucets from the exposed stop valve to the inlet side of a trap; 7. The alteration or repair of a sign for which a permit is required; or 8. Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.4.3 Public utility company or public utility corporation.

§ 28-105.4.3 Public utility company or public utility corporation. A permit shall not be required for: 1. The installation or alteration of gas service piping or gas meter piping including meters, valves, regulators, and related equipment, when such work is to be performed and serviced and maintained by utility corporations subject to the jurisdiction of the New York state public service commission. 2. The emergency repair of gas distribution piping when such work is performed by licensed master plumbers or by utility corporations subject to the jurisdiction of the New York state public service commission, in order to alleviate hazardous conditions, provided that a written report describing the details of such repairs shall be filed with the commissioner upon completion of the work. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.4.4 Ordinary plumbing work.

§ 28-105.4.4 Ordinary plumbing work. The following ordinary plumbing work may be performed without a permit, provided that the licensed plumber performing such work: (i) provides a monthly report listing completed work and work in progress during the preceding month, including the block, lot and address of each job, a description of the work performed or in progress at each address, and the location in each building where the work was performed or is in progress; (ii) pays the fees for such work in accordance with this code; and (iii) submits to the department a certification that the work was performed in accordance with this code and all applicable laws and rules. Ordinary plumbing work shall include: 1. The removal of a domestic plumbing system not connected to a fire suppression or fire protection system, or the removal of a portion of such system. 2. The relocation of up to two plumbing fixtures within the same room to a maximum of 10 feet (3048 mm) distant from the original location, except in health care facilities. 3. The installation, replacement or repair of a food waste grinder (food waste disposal) or secondary back flow preventer and the replacement or repair of a sump pump. 4. The repair components of a plumbing appliance or plumbing appurtenance or the replacement of a plumbing appurtenance. 5. In buildings classified as residential occupancy groups occupied by five families or fewer, the replacement of a gas water heater, gas furnace, or a gas-fired boiler with a capacity of 350,000 BTU (103 kW) or less where the existing appliance shutoff valve is not moved, provided that the plumber has inspected the chimney and found it to be in good operational condition. 6. The repair or replacement of any non-gas, non-fire suppression piping not longer than 25 feet (7620 mm) inside a building, or connected piping previously repaired or replaced under this provision. 7. The repair or replacement of any non-gas, non-fire suppression branch piping after the riser shutoff valve, including the replacement of fixtures. 8. The replacement of an appliance connector serving the following domestic gas appliances: ranges, ovens, stoves, barbecues, and clothes dryers where the existing appliance shutoff valve remains and replacement shall be in accordance with this code and the New York city fuel gas code. The existing appliance shutoff valve shall be accessible and in good working condition with no noticeable corrosion or deterioration. 9. The replacement of the following domestic gas appliances: ranges, ovens, stoves, barbecues, and clothes dryers where the existing appliance shutoff valve remains and when such appliance replacement is in accordance with this code and the New York City fuel gas code. The existing appliance shutoff valve shall be accessible and in good working condition with no noticeable corrosion or deterioration. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023; Am. L.L. 2025/142, 10/25/2025, eff. 2/22/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-105.4.5 Sign permits.

§ 28-105.4.5 Sign permits. A sign permit shall not be required where the sign is: 1. A wall sign of not more than six square feet (0.56 m2) in area; 2. Erected by employees of a city agency, including traffic and other similar signs; 3 A ground sign offering the sale or rental of the premises on which it is erected, provided the sign does not exceed 12 square feet (1.1 m2) in area, and is removed immediately upon such sale or rental; 4. Temporary and erected during construction work as required by chapter 33 of the New York city building code or other applicable law; 5. Temporary for special decorative display use for holidays, public demonstrations, or the promotion of civic, welfare or charitable purposes, except that signs that utilize streets or cross streets shall be subject to the requirements of the department of transportation; or 6. Temporary signs offering the sale or rental of real property when erected on the premises offered for sale or rent, and is removed immediately upon such sale or rental. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.4.6 Geotechnical investigations.

§ 28-105.4.6 Geotechnical investigations. A permit shall not be required for excavation performed for a geotechnical investigation required by section 1803.4 of the New York city building code provided such excavation does not exceed 10 feet (3048 mm) in length, width, or diameter and is conducted under the supervision of a registered design professional. All excavation activity, including backfilling of excavations, shall comply with all relevant code provisions, including but not limited to sections 1803 and 3304 of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.4.7 Low voltage electrical work.

§ 28-105.4.7 Low voltage electrical work. An electrical permit shall not be required for the installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than 50 volts for signaling, communication, alarm, and data transmission circuits, provided that such work is performed by a licensed master electrician, special electrician, or qualified person as defined in the New York city electrical code. Exceptions: 1. The installation, alteration, maintenance, or repair, of any wiring that connects to, is part of, or is located within the following systems shall only be performed by a licensed master electrician or special electrician: 1.1. Life safety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in section 28-109.3 and (ii) alarm and extinguishing systems subject to chapter 9 of the New York city building code. 1.2. Class I, II, or III circuits in hazardous locations as described in the New York city electrical code, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangers, gasoline dispensing and service stations, bulk fuel storage plants, and facilities that may be utilized for spray applications or for a dipping and coating process. 1.3. Intrinsically safe systems as described in the New York city electrical code. 1.4. A point of connection to or interfacing with a control circuit that activates light, heat, or power circuits. 2. Other systems as determined by the rules of the department. (L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/128.

NYC Admin. Code § 28-105.5 Application for permit.

§ 28-105.5 Application for permit. All applications for permits shall be submitted on forms furnished by the department. Applications shall include all information required by this code, other applicable law or the rules of the department. The applicant shall list any portions of the design that have been approved for deferred submittal in accordance with section 28-104.2.6. The application shall set forth an inspection program for the project. An application for a permit shall be submitted no later than 12 months after the approval of all required construction documents (other than those documents approved for deferred submittal). The department shall provide written notification to owners of adjoining property at the time such application is submitted. (2018 N.Y. Laws Ch. 217, 8/24/2018, eff. 8/24/2018)

NYC Admin. Code § 28-105.5.1 Applicant for permit.

§ 28-105.5.1 Applicant for permit. The applicant for a permit shall be the person who performs the work or who retains a subcontractor to do the work. Exception: For permits issued for plumbing work, fire protection and suppression work, electrical work, and oil-burning appliance work, the applicant for such permits shall be the licensed master plumber, licensed master fire suppression piping contractor, licensed master electrician, licensed special electrician, or licensed oil-burning equipment installer, respectively, who performs the work. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.

NYC Admin. Code § 28-105.5.2 Application for permit where a building is occupied.

§ 28-105.5.2 Application for permit where a building is occupied. All applications for permits for work on a building having more than three dwelling units shall state (i) the total number of units in the building at the time the application is filed, (ii) the number of units occupied at the time the application is filed, and (iii) the number of units to be occupied during the course of the work. The work permit application shall be amended prior to occupancy of any units that were not initially counted as being occupied during the course of the work. (L.L. 2017/149, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.5.3 Owner statement.

§ 28-105.5.3 Owner statement. All applications for permits shall include a certification by the owner of the property for which the permit is sought stating the following: 1. A statement as to whether $25,000 or more in covered arrears, that are not currently in the appeals process, are owed to the city with respect to such property; 2. A statement as to whether the owners of the property owe, in aggregate, $25,000 or more in covered arrears to the city; 3. For each owner of the property: 3.1. The person's full name and business address; 3.2. A list of properties in the city for which the person owes covered arrears to the city and, for each such property, the amount of such covered arrears owed; and 3.3. A list of properties in the city for which the person is an owner; 4. If an exception to section 28-105.1.6 applies to such owner, a description of such exception. (L.L. 2017/160, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.5.3.1 Audit.

§ 28-105.5.3.1 Audit. The commissioner shall each year, in consultation with the department of finance and each other appropriate city agency, audit at least 25 percent of the statements submitted under section 28-105.5.3. (L.L. 2017/160, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.6 Fees.

§ 28-105.6 Fees. Applications for permits shall be accompanied by the payment of appropriate fees as provided for in article 112.

NYC Admin. Code § 28-105.7 Time limitation of applications.

§ 28-105.7 Time limitation of applications. An application for a permit shall be deemed to have been abandoned 12 months after the date of its submission, unless such application has been diligently prosecuted after rejection in whole or in part, or a permit shall have been issued except that the commissioner may, for reasonable cause, and upon payment of all reinstatement fees as provided for in this code, grant extensions of time for additional 12-month periods.

NYC Admin. Code § 28-105.8 Validity of permit.

§ 28-105.8 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other law or rule. Permits presuming to give authority to violate or cancel the provisions of this code or other law or rule shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is authorized to prevent any occupancy, use or work in violation of this code, the zoning resolution or other law or rule enforced by the department.

NYC Admin. Code § 28-105.8.1 Duration of permit.

§ 28-105.8.1 Duration of permit. Permits may be issued for a period of up to 2 years unless otherwise limited by law. Exception: Sidewalk shed permits shall be issued for a period of 90 days and may not be renewed until department penalties for sidewalk sheds in the public right-of-way are paid. (Am. L.L. 2025/048, 4/17/2025, eff. 1/12/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/048.

NYC Admin. Code § 28-105.8.2 Signature of commissioner on permit.

§ 28-105.8.2 Signature of commissioner on permit. Every permit issued by the commissioner shall have his or her signature affixed thereto; but the commissioner may authorize any subordinate to affix such signature, including by the use of electronic means.

NYC Admin. Code § 28-105.9 Expiration.

§ 28-105.9 Expiration. All permits issued by the commissioner shall expire by limitation and become invalid if the permitted work or use is not commenced within 12 months from the date of issuance of the permit. Subsequent to the 12-month period following the issuance of the initial permit, all permits shall expire if the permitted work is suspended or abandoned for a continuous period of 12 months unless such permits expire earlier pursuant to applicable provisions of this code. The permit shall automatically expire upon the expiration of required insurance or if the applicant holds a license issued by the department upon the expiration or revocation of such license during the term of the permit or if the permit is not renewed. Exception: All permits for work in a flood hazard area shall expire in accordance with the timeframes established by section G104 of appendix G of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/070 and L.L. 2021/126.

NYC Admin. Code § 28-105.9.1 Reinstatement.

§ 28-105.9.1 Reinstatement. The commissioner may at any time reinstate a work permit solely for the purpose of sign-off, including the correction of defects noted in a final inspection as provided in section 28-116.2.4 or reinstate a work permit within a period of two years from the date of issuance of the original permit. Except in the case of a permit reinstated solely for the purpose of sign-off, the work shall comply with all the requirements of this code and other applicable laws and rules in effect at the time application for reinstatement is made. The applicant for reinstatement shall pay all reinstatement fees as required by article 112. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.10 Suspension or revocation of permit.

§ 28-105.10 Suspension or revocation of permit. The commissioner is authorized to suspend or revoke a permit issued under the provisions of this code.

NYC Admin. Code § 28-105.10.1 Notice of proposed revocation.

§ 28-105.10.1 Notice of proposed revocation. The commissioner may, on written notice to the permit holder, revoke any permit for failure to comply with the provisions of this code or other applicable laws or rules; or whenever there has been any false statement or any misrepresentation as to a material fact in the application or submittal documents upon the basis of which such approval was issued; or whenever a permit has been issued in error and conditions are such that the permit should not have been issued. Such notice may be accompanied by a stop work order pursuant to section 28-207.2 and shall inform the permit holder of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or electronic delivery or 15 business days of the posting of notice by mail, information as to why the permit should not be revoked. (Am. L.L. 2019/062, 3/31/2019, eff. 9/27/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.10.2 Immediate suspension in cases of imminent peril.

§ 28-105.10.2 Immediate suspension in cases of imminent peril. The commissioner may immediately suspend any permit without prior notice to the permit holder when the commissioner has determined that an imminent peril to life or property exists. The commissioner shall forthwith notify the permit holder that the permit has been suspended and the reasons therefor, that it is proposed to be revoked, and that the permit holder has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or electronic delivery or 15 business days of the posting of notice by mail information as to why the permit should not be revoked. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.11 Posting of permit.

§ 28-105.11 Posting of permit. The building permit or copy shall be posted in a conspicuous place at the work site, visible to the public for the duration of the work or the use and operation of the equipment, or until the expiration of the permit. No such permit shall be posted or displayed at any location other than the location of the premises or equipment for which the permit was issued. Where the permit is exposed to the weather, it shall be laminated or encased in a plastic covering to protect it from the elements. The permit shall identify whether any dwelling unit within such building will be occupied during the work. If dwelling units within such building will be occupied during the work, the permit shall indicate the total number of dwelling units that will be occupied. Exception: Where a project information panel is required by section 3301.9.1 of the New York city building code, the permit shall be posted in accordance with such section, and no other permits shall be posted in any location readily visible to the public, except as provided in section 3301.9.5 of the New York city building code. (Am. L.L. 2017/158, 8/30/2017, eff. 8/30/2018)

NYC Admin. Code § 28-105.12 Conditions of permit.

§ 28-105.12 Conditions of permit. Permits shall be subject to the following conditions:

NYC Admin. Code § 28-105.12.1 Compliance with code.

§ 28-105.12.1 Compliance with code. Permits shall be deemed to incorporate the provisions that the applicant, the owner, their agents, employees, and contractors shall carry out the permitted work in accordance with the provisions of this code and other applicable laws or rules, whether specified or not, except as variations have been legally permitted or authorized.

NYC Admin. Code § 28-105.12.2 Compliance with construction and submittal documents.

§ 28-105.12.2 Compliance with construction and submittal documents. All work shall conform to the approved construction and submittal documents, and any approved amendments thereto. Changes and revisions during the course of construction shall conform to the amendment requirements of this code.

NYC Admin. Code § 28-105.12.2.1 Construction documents maintained on site.

§ 28-105.12.2.1 Construction documents maintained on site. One set of current "approved" or "accepted" construction documents shall be retained by the department and another set shall be maintained at the project site no later than the commencement of the work and until the work authorized by the permit is completed and signed off by the department. Exception: Construction documents filed in connection with the issuance of a temporary construction installation permit shall be maintained at the site until such temporary construction installation is removed. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-105.12.3 Adherence to lot diagram.

§ 28-105.12.3 Adherence to lot diagram. All work shall be strictly located in accordance with the lot diagram approved in accordance with this code and no lot or plot shall be changed, increased or diminished in area from that shown on the approved lot diagram, unless and until a revised diagram showing such changes, accompanied by the necessary statement of the owner or applicant, shall have been submitted to and approved by the commissioner.

NYC Admin. Code § 28-105.12.4 Compliance with safety requirements.

§ 28-105.12.4 Compliance with safety requirements. All work shall be conducted in accordance with and subject to the safety requirements of this code and other applicable laws or rules, including any order or requirement of the commissioner that the building or structure under construction or alteration be vacated, in whole or in part, during the progress of the work and until the issuance of a certificate of occupancy. Adjoining lots and properties shall be protected in accordance with this code.

NYC Admin. Code § 28-105.12.5 Compliance with noise control code required.

§ 28-105.12.5 Compliance with noise control code required. All work shall be performed in compliance with the provisions of the New York city noise control code as set forth in chapter 2 of title 24 of the administrative code. Failure to comply with sections 24-222 and 24-223 of the administrative code shall be a violation of this code.

NYC Admin. Code § 28-105.12.6 Deferred submittals.

§ 28-105.12.6 Deferred submittals. Where permits are issued subject to deferred submittal of portions of the design as provided for in section 28-104.2.6, the deferred submittal items shall not be installed until the construction and submittal documents for such portions have been approved by the department and, where applicable, new or amended permits have been issued.

NYC Admin. Code § 28-105.12.7 Insurance.

§ 28-105.12.7 Insurance. Where workers compensation, employee disability or liability insurance is required by law or department rule, the applicant for the work permit shall obtain and include proof of such insurance with the work permit application. The permit shall expire by operation of law if the insurance upon which the permit was conditioned lapses, expires or is cancelled, unless the permit holder files proof of alternate insurance before such event.

NYC Admin. Code § 28-105.12.7.1 Insurance coverage for adjacent properties.

§ 28-105.12.7.1 Insurance coverage for adjacent properties. A person who obtains a permit for construction or demolition operations shall, at such person's own expense, procure and maintain for the duration of the operations, insurance of a kind and in an amount specified by rule of the department, to insure any and all adjacent property owners and their lawful occupants fully for all risks of loss, damage to property or injury to or death of persons, arising out of or in connection with the performance of the proposed work. Such person shall submit proof of insurance to the department when applying for a permit for construction or demolition work. The department shall provide such proof of such insurance together with the permit to the owners of adjoining property 30 days prior to the commencement of the construction or demolition work, except in the event that emergency work is authorized as defined in section 28-105.4.1 of this code. If such emergency work is necessary, the permit and proof of insurance shall be provided to owners of adjoining property within a reasonable timeframe. (2018 N.Y. Laws Ch. 217, 8/24/2018, eff. 8/24/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-105.12.8 Site safety plan.

§ 28-105.12.8 Site safety plan. Where a site safety plan is required by this code or by the department, all work shall adhere to the site safety plan. Site safety plans shall require approval of the department where specified in this code or the New York city building code. (Am. L.L. 2017/081, 5/10/2017, eff. 11/6/2017)

NYC Admin. Code § 28-105.12.9 Safety training required.

§ 28-105.12.9 Safety training required. No permit for construction or demolition work for which training is required by section 3321 of the New York city building code shall be issued or renewed until the applicant has certified that all workers who will be working under such permit will have the requisite training throughout the duration of such permit. (L.L. 2017/196, 10/16/2017, eff. 10/16/2017)

NYC Admin. Code § 28-105.12.10 Tenant protection plan required.

§ 28-105.12.10 Tenant protection plan required. Where a tenant protection plan is required by article 120, all work shall adhere to the tenant protection plan. (L.L. 2019/106, 6/8/2019, eff. 3/8/2020)

NYC Admin. Code § 28-105.12.11 Inspections.

§ 28-105.12.11 Inspections. Upon issuance of a permit and at any time during such permit period, the commissioner or his or her authorized representatives, in the discharge of their duties, shall have the right to enter, in accordance with applicable law, upon any buildings, enclosures, premises, or any part thereof, or attached thereto for the purposes of an inspection of work pursuant to such permit to ensure that such work is not occurring in an unsafe or dangerous manner, and that such work is being performed in compliance with applicable code provisions. If the commissioner or his or her authorized representative is unable to gain access to such property expeditiously for the purposes of an inspection of work pursuant to such permit and there is a reason to believe that the work is being done in violation of the law, the commissioner shall issue a stop work order. Such stop work order may be rescinded in accordance with section 28-207.2.3. (L.L. 2019/111, 6/8/2019, eff. 10/6/2019)

NYC Admin. Code § 28-105.12.12 Statement of lead-based paint compliance.

§ 28-105.12.12 Statement of lead-based paint compliance. Where the work for which a permit is sought involves disturbance of lead-based paint, as defined in section 27-2056.2, or paint of unknown lead content, the application shall include a statement of compliance with section 27-2056.11 and, where applicable, subpart E or subpart L of part 745 of title 40 of the code of federal regulations. The application shall also include a statement that any firm performing proposed work holds the certification or certifications required to perform work pursuant to such section, such certification number(s) and, where applicable, that such firm has filed or will file a notice of commencement required pursuant to paragraph (2) of subdivision a of section 27-2056.11 with the department of health and mental hygiene. (L.L. 2021/040, 4/18/2021, eff. 4/18/2022)

NYC Admin. Code § 28-105.12.13 Reporting to the department of health and mental hygiene.

§ 28-105.12.13 Reporting to the department of health and mental hygiene. The department shall maintain an electronic record of all permits issued that indicate that section 28-105.12.12 applies to the building subject to such permit. The department shall make such permit information available to the department of health and mental hygiene. (L.L. 2021/040, 4/18/2021, eff. 4/18/2022)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-156205Fetched: 10/24/2026